Or. Admin. Code § 255-033-0040

Current through Register Vol. 64, No. 1, January 1, 2025

Section 255-033-0040 - Hearing Protocols

(1) Manner of Hearing

(a) The proceedings shall be governed by the hearings procedures outlined in Oregon Administrative Rule 255, Division 30; 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-0040, and 255-030-0046.

(b) Nothing in this OAR is to be construed as limiting a right a victim would have at this hearing under the United States and Oregon Constitutions, any Oregon statute, including ORS 144.750, or any Oregon administrative rule.

(c) The Board shall provide notice of the hearing to:

(A) The district attorney of the county in which the person was convicted; and

(B) The victim of any offense for which the person is serving a sentence if the victim requests to be notified and furnishes the board with a current address.

(d) At the hearing, the AIC has:

(A) the burden of proving by a preponderance of the evidence that the person has demonstrated maturity and rehabilitation based on consideration of the age and immaturity of the person at the time of the offense, and the person's behavior thereafter; and

(B) the right to counsel, including counsel appointed at board expense, at a hearing.

(e) The testimony of each witness shall not exceed 10 minutes. The presiding Board member may grant the witness additional time upon a finding that further testimony is likely to be relevant to the Board's decision.

Or. Admin. Code § 255-033-0040

PAR 1-2022, adopt filed 01/24/2022, effective 1/24/2022

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 144.397

Statutes/Other Implemented: ORS 144.397